Hendricks v. State

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for murder without malice. The jury assessed the punishment at five years.

Preston Hicks, Sally Prudence Hicks and the appellant were jointly indicted for the murder of Thomas Wootton.

The main contention of the appellant is that the court erred in refusing to charge that Preston Hicks, a co-indictee who testified for the State, was an accomplice witness as a matter of law. We agree and reverse.

Prior to the shooting of the deceased by Preston Hicks, there had been some arguments between Hicks and the appellant who were on one side, and a…